Secy. of State vs Mary Murray - 1929 Supreme(Cal) 284

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1929 Supreme(Cal) 284

Secy. of State – Appellant
Versus
Mary Murray – Respondent

JUDGMENT

1. In this case, the widow of a deceased employee under the Eastern Bengal Railway applied for letters of administration of the estate of her husband. In her application in para. 3 she stated that there was some provident fund money on account of the service of her husband under the railway company and the widow was the nominee with regard to this money in a declaration duly executed by her husband. The reason for her asking for letters of administration seems to be that the railway company refused to pay her the money without the letters of administration. If so it is wrong. The only thing that can be said with regard to this is that the authorities concerned must observe the provisions of the law as to the payment of the money due on account of the provident fund. u/s 3, Clause (2), Provident Funds Act (Act 19 of 1925), the money vests in the dependant of the subscriber or depositor and where the dependant is the widow or child of the subscriber or depositor, without being subject to any rights of an assignee under an assignment made before the commencement of the Act. There can, therefore, be no doubt that the widow of the subscriber in the present case was entitled with

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